On December 1, 2016, amendments to the Federal Rules of Civil Procedure (“FRCP”) and Federal Rules of Appellate Procedure (FRAP) took effect. While at first glance, the changes may not seem dramatic, but changes such as…

The holidays are upon us. Given that everything seems to be protected by intellectual property rights, could someone protect Christmas? The most likely candidate to try to patent Christmas would be Santa Claus. But (assuming all…

The United States Supreme Court is considering whether the doctrine of laches will bar a patent infringement claim filed within the Patent Act’s six-year damage limitations period set forth in 35 U.S.C. §286. The case before…

Michael Geist's Blog

Upon Further Review, the Ruling Should Stand: Why the CRTC Made the Right Call on the Super Bowl Simsub Ban

The CRTC's 2015 decision to ban simultaneous substitution from the Super Bowl broadcast starting in February 2017 has generated renewed criticism in recent days as the NFL, Bell, and the U.S. government launch a lobbying blitz against the…

The Supreme Court of Canada heard arguments in Google v. Equustek Solutions, a hugely important Internet case with implications for Internet jurisdiction and free speech online. I wrote about the lower court and appellate court decisions and…

MyDemocracy.ca Responses Don’t Count If You Refuse To Disclose Household Income and Other Personal Information

The government's MyDemocracy.ca survey/consultation/questionnaire launched yesterday to a steady stream of criticism as the initiative does not follow the typical consultative approach. Rather than asking direct questions about public…

For those who missed it, Moody's released a financial risk assessment of charter schools this fall. The four passages jumped out at me: The median rating of Moody’s-rated charter schools is Baa3, but the median credit quality of the broader…

What Betsy DeVos Does Not Know About Public Schools and Probably Assumes About Private One

Yesterday, Alyson Klein, pointed out that Betsy DeVos, the nominee for Secretary of Education, would be the first person to head the department in its more than 35-year history who hasn't either attended public schools or sent her own…

Meditation Instead of Detention: Misbehavior As Learning Opportunity Rather Than a Punishment Trigger

Robert Coleman Elementary School's shift from detention to meditation has been creating a lot of buzz since the media covered the story early this fall. In late September, the school reported that it had yet to suspend a single student,…

A Tuesday night accident involving a Florida Department of Transportation work truck reportedly left one person injured and trapped a worker inside the truck. The pair, whose names have not been released, were rescued thanks to the collective…

Amanda LaFrance of Boynton Beach, Florida, was arrested on December 3 on multiple patient brokering charges. LaFrance, 25, is the eighth and youngest sober-home owner to be arrested by the Palm Beach County Sober Homes Task Force that’s…

Michael Doheny of Pembroke Pines, Florida, was arrested on December 4 for allegedly causing an accident while under the influence that damaged three vehicles and sent two drivers to a hospital. Doheny, 29, faces several charges, including…

What happens when a state sponsor of terrorism, Iran, announces high-tech collaboration with Cuba, a recently and likely erroneously de-listed state sponsor of terrorism? It’s a loaded question. You know the answer. Nothing…

Opponents of U.S. economic sanctions, especially many in Congress as well as K Street special interests, argue that U.S. sanctions have not worked and, as such, it is time to try something different. Academics, politicos, and…

Thousands of counterfeit pain pills confiscated during a massive drug bust turned out to be more dangerous that the original prescriptions the bogus pills were imitating. Distribution of pain pills Just a couple days prior to Thanksgiving, a…

If someone is found to be borrowing property that doesn’t belong to them and does it without the owner’s permission it is known as wrongful appropriation. Wrongful appropriation Utah code 76-6-404.5 defines wrongful appropriation…

Utah drivers who are arrested for a DUI need to know there’s a chance they may be offered a reduced charge known as impaired driving. Although this charge is slightly better than a DUI, it is best to consult with a criminal defense…

Court of Appeals holds order from bifurcated trial finding common law marriage is not immediately appealable

The issue of what family court orders are immediately appealable can be confusing. Typically final orders need to be appealed immediately, even if that order does not end the case. For example, orders from contempt actions need to be appealed…

There are a half dozen critical moments in each family court case when having an experienced attorney is critical: motions for temporary relief; contempt actions; mediation; when trial is scheduled; trial; and when post-trial motions are due.…

In the first twenty years of my practice it was rare that a party died in the middle of divorce litigation or within a few years of the divorce. The few times this happened there were obvious warning signs: either a history of serious mental…

A new scheme is being launched this month offering a more affordable legal advice service to people who are “just about managing” financially – or “Jams.”The hourly rate under this scheme is set at around…

Nigel ShepherdThe Office of National Statistics’ latest figures on divorce in England and Wales show there were 111,169 divorces in England and Wales in 2014, a drop of 3.1% compared to 2013. The divorce rate has also fallen by 5.3%…

A brief summary of the essential family law news and cases from the last week:NEWSLawyers overwhelmingly hostile to settlement conferences in care proceedingsFamily lawyers have turned overwhelmingly hostile to settlement conferences in…

Botulism Blog

Phil-am Trading, Inc. of Jersey City, NJ is recalling Phil-am Smoked Mackerel (Hasa-Hasa), because it has the potential to be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening... Continue Reading

The State Department of Environmental Agriculture and Markets is now warning consumers not to eat “Phil Am” brand Smoked Mackerel (Hasa Hasa) because the product was found to be uneviscerated.... Continue Reading

Discover the Answer to Whether You Can or Should try to Beat Child Support when you are a natural or adoptive parent of a minor child. Justifications may exist ... but reasons or explanations never suffice... Why?

It has taken the Supreme Court of the United States less than two months since a mid-October hearing and less than ten pages (counting only the opinion per se, not the two-page syllabus) to determine and explain that the United States Court…

Leading U.S. high-tech companies like Apple (whose "state aid"--it hurts me to use that misnomer even in quotes--case I'll comment on soon) and Google (I recently outlined my differentiated take on the Android antitrust case) are facing a…

There was a time when I spent most Fridays--and occasionally also a Tuesday--in Mannheim (and on trains from Munich to Mannheim and back) to watch numerous smartphone patent trials. After coming to terms with a prohibition on making Internet…

A Trustee’s Duty to Inform and Account Under the Florida Law The essence of the trustee’s existence is to keep a trust’s beneficiaries adequately informed. Florida probate practitioners, trust lawyers, and estate…

Death, Lawyers, and Loose Lips: Third District Court of Appeals Clarifies Distinction Between Ethical duty of Confidentiality from Evidentiary Privilege The attorney client privilege dates back to the English Common Law of the late…

LIMITATIONS ON PROCEEDINGS AGAINST TRUSTEES: CORYA, WOODWARD AND FLA. STAT. §736.1008 The Florida Trust Code contains a section titled “limitations on proceedings against trustees” that is a limitation of actions and…

THE UCD LAW REVIEW IS CURRENTLY SEEKING SUBMISSIONS The deadline for submission to Volume 17 is the 24 March 2017 The UCD Law Review is Ireland’s leading student-run legal journal. The Review is published on an annual basis, with…

Ever wonder what law faculty talk about when they’re not teaching? Find out by volunteering for AALS at our 111th Annual Meeting in January! AALS, an association of more than 200 member and fee-paid law schools, is seeking approximately…

It is possible to be happy in the law. Some lawyers, although admittedly too few, do lead a joyful professional life and find meaning in how they earn an income. Generally, these lawyers take common actions, such as: integrating principles of…

Law at the End of the Day

Focuses on issues and the differences in how the law relates to economic organizations, political organizations, religious, ethnic and family organizations. By Penn State Dickinson School of Law Professor Larry CatÃ¡ Backer.

(CUHKFacultyofLaw ‏@CUHKLaw Nov 28 #AsiaFDI2016 with a packed house Ready for two days of enlightening discussions on #FDI #ISDS #China @JChaisse @MFeldman97 @fernandodsimoes)Joel Slawotsky, of the Radzyner School of Law, …

Italy's Constitutional Referendum: A View From Italy in Conversation With Flora and Alessandro Sapio

Italians go to the polls on Sunday to vote on a complex set of constitutional changes aimed at changing a substantial portion of the structures and operations of its multilevel government apparatus. The reform package itself, La…

Comparative Analysis From Cuba CounterPoints: (1) From Cuba, Trump: Reality Show or Real Politik?; (2) November 26, 2:13am: A Testimony and (3) U.S. Cuban Policy After Obama

(Cover Image by Gilberto Conill. Little Havana Street Celebration of Fidel Castro’s Passing (Nov. 26, 2016))Our friends at Cuba CounterPoints have been following the two recent events with the greatest potential impacts on U.S.-Cuba…

At least 74 opinions, memoranda, and letters issued by the Justice Department’s Office of Legal Counsel (OLC) between 2002 and 2009 on core post-9/11 national security topics, including intelligence activities and the detention and…

One of the benefits of using LED lights is that they last longer and they consume less energy, so while they might cost more than regular lights, in the long run you should save yourself some money. However it seems that over at Dyson, they…

JUMPSHARE SCIENCE jumpshare.com Jumpshare is a free file-sharing tool that allows users to instantly and securely share material with others, enabling easy collaboration on projects. Jumpshare may be downloaded as a web app on Apple or…

Lawdiva's Blog

It All Seemed So Good: Toronto Neurosurgeon Arrested for Murder of Wife

Mohammed Shamji had it all: a beautiful wife, who was herself a family doctor, three lovely children, and a PhD from Duke University in biomedical engineering, which paved the way for his reputation as a world-renowned neurosurgeon. But…

Some of the worst complaints about the British Columbia family law justice system arise from litigants dealing with the Family Maintenance Enforcement Program (“FMEP”), called the Family Responsibility Office in…

I could never understand why someone would hire a high-priced, hotshot lawyer but refuse to take their advice. It happens more frequently than you might realize, sometimes the result of an uneducated neighbour or friend, who after going…

Photo Attorney

The U.S. Copyright Office Proposes New Rules for Registering Photograph

The U.S. Copyright Office today published three notices of proposed rulemaking, which are summarized below. Supplementary Registration: The U.S. Copyright Office is seeking public comments on proposed amendments to its regulation governing…

According to Justia Blawgsearch, the Photo Attorney blog is the 12th most popular copyright law blog of all time! Thanks for your support! Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!You just…

According to Justia Blawgsearch, the Photo Attorney blog is the 12th most popular copyright law blog of all time! Thanks for your support! Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!You just…

“What Is a Looseleaf and How Can It Possibly Help Me De-Stress During Finals?”

The answer can be found in the Study Break area in the Moritz Law Library, located between the reference desk and the public access computers on the 2nd floor.
Turn off your brain for a while.
In this area you’ll find materials for a…

The Trial of Queen Caroline – A New Addition to the Moritz Law Library’s Stotter Collection

<!--[if gte mso 9]>
<![endif]-->During a recent visit to the Moritz College of Law, Moritz alum Lawrence H. Stotter ’58 presented the Moritz Law Library with a new addition to the Law Library’s Stotter Collection: five…

As we enter the final months of the semester, consider checking out the print and online study aids available through the Moritz Law Library. West Academic's online Study Aids collection includes over 500 titles, including Nutshells,…

Forced To Change Schools For Your Kids Because Of A Divorce? Five Ways To Help Them Transition

Divorce is arguably harder on children than it is on adults, particularly when the divorce necessitates a move. If the children of divorce are forced to switch schools, they must leave behind their friends and favorite teachers. This can…

The Science Of Thanksgiving: How Reflecting In Gratitude On The Good Things Can Make You Happier And More Resilient After Your Divorce

Thanksgiving is about more than turkey, stuffing, and pumpkin pie; it’s a time to reflect on all the things that are wonderful in your life. Unfortunately, if you are currently in the midst of divorce or legal separation, your life…

Daylight Savings Time, Divorce And Depression: How Seasonal Changes Can Affect How You Are During A Divorce

The end of summer prompts feelings of regret and sadness in many Minnesotans, and not just because they dread shoveling snow or driving on icy roads. The quickly diminishing sunlight contributes greatly to seasonal affective…

The parents of a teenager filed a wrongful death lawsuit against Walgreens, alleging their son died of morphine intoxication due to medical negligence. Tom Steinbacher Sr. and Christine Steinbacher, as co-administrators of their son’s…

The family of a man who died after being given a drug overdose was awarded $3.3 million in a medical malpractice case against Northwestern Memorial Hospital. Plaintiff Kathryn Howe-Vandelinder filed a lawsuit in Cook County Circuit Court in…

Last week, we posted an Interview with Inventor Debbie Frasca of Handy Apple. Today (Wednesday, November 30) Debbie Frasca is appearing on My Cool Inventions! Support your fellow inventor and VOTE for Debbie’s invention! You can watch…

Last week, we posted an Interview with Inventor Debbie Frasca of Handy Apple. Today (Wednesday, November 30) Debbie Frasca is appearing on My Cool Inventions! Support your fellow inventor and VOTE for Debbie’s invention! You can watch…

Extending our appreciation to our intellectual property clients this Thanksgiving season and always. In honor of Thanksgiving, our team at LoTempio Law has come up with a list of 3 inventions that we are grateful for this Thanksgiving. In no…

TaxProf Blog reports on this possibility at http://taxprof.typepad.com/taxprof_blog/2016/11/pomona-college-may-have-violated-501c3-tax-status-to-fund-anti-trump-student-protesters.html. For the University's response to this allegation, see…

The Florida Rules of Civil Procedure have been amended by the Florida Supreme Court to remove the limit on the number of alternate jurors in civil trials. Effective January 1, 2017, Rule 1.431 has been amended to read “The court may…

This month, in a case of first impression in Florida, the Fourth District Court of Appeal held that statements posted by a juror on social media during trial were insufficiently prejudicial to require a new trial. The juror posted a series of…

After he finished his voir dire questions, a lawyer used his last peremptory strike on one of the remaining jurors. The jury panel was then accepted by his opponent. Before the jury was sworn, the lawyer asked the judge to…

Et Seq. - The Harvard Law School Library Blog

Just in time for exams! By student request, we now have three TI-30XIIS calculators ready to help HLS students calculate during accounting or finance law exams! To check one out, visit the HLS Library Circulation Desk. The…

I have written before in this blog about using the Hollis library catalog to find materials in the law library by subject. Specifically, I find the Hollis catalog’s hyperlinked Library of Congress (LC) Subject Headings to be a…

If you have recently developed a stronger interest in the topic of executive power, we have a new research guide that can help you explore it through many resources available both at the HLS Library and beyond. Executive Power:…

It's the Obama Administration’s handling of the foreclosure crisis has left millions of Americans so mad they can’t see straight and at this point, don’t want to try. Want to know what created Trump v. Hillary? Maybe that…

Well, well – here we are: Black Friday, that ignominious day in the American calendar when otherwise (and I use this term liberally) “normal” people, turn into openly aggressive, violent, even maniacal individuals…

More and more these days, I get calls from people who want me to assist them in obtaining a Massachusetts firearms license (gun permit,) or to represent them in an appeal of a permit denial they have received. Importantly, these…

MASSACHUSETTS DRUG CRIMES: CHARGED DOESN’T MEAN GUILTY – PART TWO OF TWO

In my previous post on this topic, I wrote about how prosecutors in Massachusetts must prove that any allegedly illegal substances that the Commonwealth accuses a defendant of possessing, using, or distributing, have actually been tested by a…

Ninth Annual Rosenkranz Debate: Hostile Environment Law and the First Amendment 11-19-2016

2016 National Lawyers ConventionRESOLVED: Hostile Environment Law, On and Off Campus, Often Violates the First Amendment. The Ninth Annual Rosenkranz Debate was held on November 19, 2016, during The Federalist Society's 2016 National Lawyers…

2016 National Lawyers Convention“Those who won our independence," Justice Brandeis wrote nearly a century ago, “eschewed silence coerced by law – the argument of force in its worst form." They believed that “the…

Center for Art Law Blog

By David Honig, Esq.* Last year, on November 20, 2015, Senator Orrin Hatch (R-Utah) launched a review of eleven US private museums in response to a recent New York Times Article that exposes a possibility for abuse of 501(c)(3) nonprofit…

Building an Anthology from Ephemera: The Legal Issues of Constructing a Political Art Archive

By Scotti Hill* INTRODUCTION Predating the advent of words, images have long served as an elemental tool of communication, working to describe and persuade. As the modern era’s complex political systems galvanized and alienated large…

The New Copyright Small Claims Bill: A Ray of Hope for Independent Photographer

By Adelaide Dunn* The U.S. Copyright Act’s single regulatory system fails to accommodate the diversity of production methods, output speeds and business models of today’s creative entrepreneurs. In the eyes of independent and…

The Law Offices of Robert J. Nahoum, P.C.

When Does the FDCPA One Year Statute of Limitations Clock Start Ticking?

By: Robert J. Nahoum THE PROBLEM: You have been harassed, abused, misled and lied to by a debt collector in violation of Federal debt collection laws called the Fair Debt Collection Practices Act (FDCPA for short). You’ve done…

By: Robert J. Nahoum THE PROBLEM: You’ve been contacted by a debt collection agency trying to collect a debt but you are certain you’ve already paid it. You tell the debt collector that you are officially disputing the…

By: Robert J. Nahoum THE PROBLEM: Three scenarios might have led you this article: You have just been notified by your bank that your account has been frozen because there is a debt collection judgment against you. You call the...
The post…

The California Office of Traffic Safety has granted the Solano County Probation Department $290,000 to ensure that DUI offenders are complying with the terms of their court ordered probation. Felony and repeat misdemeanor drunk…

The San Rafael police department conducted a DUI and driver’s license checkpoint on Friday, September 30, 2016. The checkpoint ran from 6 p.m. to midnight at the intersection of Lincoln and Grand avenues. Ask the conclusion…

The San Rafael Police Department will be holding a Drunk Driving and driver’s license checkpoint tonight from 6 p.m. to 1 a.m. at the intersection of Lincoln Avenue and Grand Avenue. Marin County police agencies…

The 2016 ANA/BAA 38th Marketing Law Conference will take place November 9-11, 2016 in Chicago and builds on the tradition as the broadest marketing and advertising law conference with deep practical legal content, fruitful…

On September 22, 2016, various branches of the U.S. government announced unprecedented enforcement actions targeting sweepstakes, prize promoters, and astrology direct mailers, as well as their suppliers. The actions will likely…

The role of imagery in the governance of Renaissance Venice will be explored in an exhibit talk sponsored by the Yale Law Library. Christopher W. Platts (History of Art, Yale University) will speak on “Representing the Law in…

Those who cannot visit the Law Library to view our colorful new exhibit, “Representing the Law in the Most Serene Republic: Images of Authority from Renaissance Venice,” now have two options for viewing the exhibit online.
The…

As public speakers, it helps to think about crafting our spoken word in similar terms to when we are writing. Take as much care when you speak as when you write. Instead of reading over what you wrote, listen as you speak. Here’s what…

We always encourage the lawyers we coach to practice alone, aloud, and a lot. We also suggest that they make video of themselves so they can watch their presentation. This suggestion, of course, is often met with grunts, groans, and…

As many as 1.4 million American seniors are residents of nursing homes, according to The Centers for Disease Control and Prevention (CDC). Although the vast majority assisted living facilities are committed to providing optimal care for their…

After having two New Jersey lawsuits previously dismissed against the company in September, Johnson Johnson is now facing a verdict handed down by a St. Louis jury for $70 million. Similar to the two New Jersey lawsuits, the claim against…

Samsung is currently facing a class-action lawsuit in the United States after angry customers filed the first claims against the company over its exploding Galaxy Note 7 smartphone. The three plaintiffs from Nevada, Pennsylvania, and…

Utah Criminal Law Blog

Getting A New Trial Based on New Evidence Can Be Difficult Danny Logue was convicted of aggravated murder, possession of a dangerous weapon by restricted person, and obstruction of justice. Brandon Wright, a witness for the State at trial,…

In State v. Kirby, 2016 UT App 193, defendant Kevin Darrell Kirby and a female acquaintance partied together in a motel room in Salt Lake City. Their room eventually became a crime scene, and Kirby was charged and later convicted of tampering…

Garmo & Kiste, PLC Law Blog

College Football Season: Tailgating Misdemeanor Tickets The college football season has started and with that students are being ticketed while tailgating. Whether you’re studying at Wayne State University, Michigan State…

Looking for a Troy Michigan Same Sex Divorce Attorney? We can help. Has the State of Michigan made it difficult for you to obtain a divorce? Previously it was difficult to obtain a same sex divorce in this state. This was because…

People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI Attorneys Recently the Michigan Court of Appeals heard a case involving an individual charged with operating while intoxicated after he drove drunk on his driveway. …

News this week regarding homeopathic products for babies. While there is no recall on the products, including Hyland's Baby Teething Tablets, Hyland's Baby Teething Tablets Nighttime and Hyland's Baby Teething Gel. CVS, one of the…

News this week regarding homeopathic products for babies. While there is no recall on the products, including Hyland's Baby Teething Tablets, Hyland's Baby Teething Tablets Nighttime and Hyland's Baby Teething Gel. CVS, one of the…

MOUNT VERNON, Ind. (Oct. 4, 2016) – Consolidated Grain and Barge Co. (CGB), a leader in the grain and transportation industries since 1970, announced plans today to expand its operations at the Port of Indiana-Mount Vernon, investing…

NORTH VERNON, Ind. (Oct. 12, 2016) – Metaldyne Performance Group (NYSE: MPG), a leading provider of highly-engineered components for use in powertrain and suspension applications for the global light, commercial and industrial vehicle…

Each month, this newsletter will highlight one of the Hoosier Hot 50 (HH50) jobs. HH50 is a listing of the fastest growing, high-wage jobs of tomorrow. The list’s ranking is based on expected demand and wages in 2022 for the state…

Shigella Blog

Food Safety News reports that along with the highly publicized lead contamination of its water supply, Flint, MI, also bears the dubious distinction of having the highest number of Shigella cases... Continue Reading

The New Mexico Department of Health is investigating an increase in cases of Shigella sonneithat has mostly been affecting Lea and Eddy counties. Among the 36 people who have been identified,... Continue Reading

The Shawano-Menominee County Health Department said a recent outbreak of the Shigella bacteria has made schools and day care facilities take extra precautions when it comes to spreading germs. County... Continue Reading

Existing law, the Domestic Worker Bill of Rights (Labor Code section 1451-1453), regulates the hours of work of domestic work employees who are personal attendants and provides an overtime compensation rate for those employees. The Domestic…

Changes Made to Exemptions for Elementary and Secondary School Teachers in California

School teachers often work long hour, and are generally exemption from overtime pay under California law. However, public school teachers often enjoy high salaries and outstanding benefits. The same is not always true, however, for private…

Two young girls from St. Benedict&rsquo;s Parish &amp; Preparatory School in Chicago killed in a fatal semi-truck crash in Downstate Illinois.

Two young girls from St. Benedict Parish & Preparatory School in Chicago were killed in a fatal semi-truck crash in Downstate Illinois This fatal semi-truck accident hits close to home as the Roock family are members of my Northside…

Maywood, Illinois Personal Injury Lawyer Maywood, IL- Nemeroff Law Office is proud to serve the residents of Maywood, IL. Maywood, Illinois is a village in Cook County. It is located three miles west of Oak Park, Illinois and 10 miles west of…

Norridge, Illinois Personal Injury Lawyers Norridge, Illinois- Nemeroff Law Offices is proud to serve the residents of Norridge, Illinois. Norridge is a small village in Cook County, Illinois. The estimated population is over 15,000…

Blane Law Blog

I represented Joshua B. against an at-fault Ford F-250 truck driver who violated a well-known safety rule when he pulled out in front of Joshua on a busy San Diego California street. The truck driver was inattentive. The next thing Josh knew…

I represented Ms. Constance Newell, an 84 year old Bonita resident who tripped and fell in a poorly lit room when she was directed by the owner of a store (Glass Depot) to go into the room to look for a pen. First of all, no one should have…

ELEUTHERA, Bahamas — The U.S. Coast Guard resumed its search early Saturday across Bahamian waters for a disabled cargo ship with 33 crewmembers, including 28 Americans, that lost contact during Hurricane Joaquin, which was moving away…

Lost at sea: Ship with 33 people missing in Hurricane Joaquin _ EL Faro

(CNN)For more than 36 hours, there's been no word from, and no sign of, the U.S.-flagged container ship El Faro.
That means no news on what's happened to the 28 Americans and five Poles aboard, faced with the full fury of Hurricane Joaquin…